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New Mexico
Motion to Amend or Correct Judgment to Include Additional Party...

New Mexico Motion to Amend or Correct Judgment to Include Additional Party Defendant as Real Party in Interest

Category:

Civil Actions - Judgment Corrections

State:

Multi-State

Control #:

US-01531BG

Format:

Instant download

Description

A court has the inherent power to review its own proceedings to correct error or prevent injustice The correction of clerical errors in the records of judgments may take the form of amendments inserting the names of parties who ought to have been included. A clerical error in the record of a judgment may be corrected to reflect the true name and identity of a party.

This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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How to fill out Motion To Amend Or Correct Judgment To Include Additional Party Defendant As Real Party In Interest?

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FAQ

Process shall be served as follows: (1) if the process to be served is a summons and complaint, petition or other paper, service may be made by any person who is over the age of eighteen (18) years and not a party to the action; (2) if the process to be served is a writ of attachment, writ of replevin or writ of habeas ...

Both parties can apply for an amendment to the pleading. Amendments can be made in the plaint by the plaintiff as well as in the written statement by the defendant. In the event that there is more than one plaintiff or defendant in a suit, then one of the plaintiffs or defendants can make such an application.

Rule 1-015 NMRA permits the voluntary dismissal of individual claims that make up an action.

If a party has filed a paper using electronic or facsimile transmission, that party shall not subsequently submit a duplicate paper copy to the court.

Rule 1-059 - New trials; motions directed against the judgment A. Grounds. A new trial may be granted to all or any of the parties and on all or part of the issues in an action in which there has been a trial by jury, for any of the reasons for which new trials have heretofore been granted.

Rule 1-010 - Form of pleadings A. Caption; names of parties. Every pleading shall contain a caption setting forth the name of the court, the title of the action, the file number, and a designation as in Paragraph A of Rule 1-007 NMRA.

Rule 1-012 - Defenses and objections; when and how presented; by pleading or motion; motion for judgment on the pleadings A. When presented. A defendant shall serve his answer within thirty (30) days after the service of the summons and complaint upon him.

Rule 1-015 NMRA permits the voluntary dismissal of individual claims that make up an action.

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